How long does it take for a tenant eviction?

by Paul Shamplina

19:44 PM, 20th August 2013
About 7 years ago

How long does it take for a tenant eviction?

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How long does it take for a tenant eviction?

This all depends on how obstinate your tenant is, at Landlord Action 61% of the time, when we serve a Section 8 Notice for rent arrears (14 day notice) or section 21 Notice (2 month’s notice) ending the tenancy, the tenants will vacate the property. 

If they ignore the notice served, then the landlord will have to apply to the court for a possession order.

It will take generally between 6-8 weeks for the judge to grant a possession order under section 8/section 21.

Tenants can ignore the possession order granted by the court, which is normally a 14 day order and sometimes tenants are told to stay put by the council and encourage the landlord to go to eviction. In these cases the landlord has to go to the final step 3 to apply for an eviction date with the bailiff, this can take between 5-10 weeks, depending on the court your at and how many bailiffs there are at that court working.

So generally from first serving the eviction notice, to going to court obtaining a possession order, then apply for an eviction date, it can take up to 5 months if undefended case.

EDITORS NOTE

Our sister website http://evicting-tenants.net/ is sponsored by Landlord Action and The Sheriffs Office and provides simple guides to the eviction process. For details please CLICK HERE



Comments

Mark Alexander

13:13 PM, 7th August 2015
About 5 years ago

Reply to the comment left by "British Naive Person Jameson" at "07/08/2015 - 12:22":

There are rogues in every sector, tenants need to check out their landlords just as landlords need to check out their tenants.

If you continue to do the same things you are likely to continue to get the same results.
.

Abi Condliffe

17:35 PM, 20th October 2015
About 4 years ago

Councils do force tenants and landlords to go to the extremes of calling in the bailiffs. This has happened recently to someone close to me. Through no fault of her own she has to move out as her landlady has left the property in such a state of disrepair (despite advice from her tenant of major cosmetic and structural faults ), that now it is unfit to live and she's selling up as it is.
The tenant had never fell behind with rent or bills and has made her home as comfortable as possible despite her disabilities etc. Yet she will be on the streets or in emergency housing once the bailiffs turn up as that's the only way the local authorities will help. A pain to all really.
I suggest there be a monitoring system in place for all landlords especially like the one I've mentioned ( I realise not all are like this), as it seems incomprehensible to me why one would not want to invest in a property they receive so much rent for a month.. Perhaps landlords ought to be vetted as much as the tenant is....

Lily James

20:18 PM, 6th December 2015
About 4 years ago

Hi I have recently put in for my eviction to be moved to the high court due to tenant no moving out on eviction day I was just wondering if any on could tell me how long it tends to take for the judge to decide and get back to you.
Thanx

Neil Patterson

8:59 AM, 8th December 2015
About 4 years ago

Reply to the comment left by "Lily James" at "06/12/2015 - 20:18":

From Paul Shamplina:

"How have you applied for Leave to be Transfer to the High Court?, Did you make a separate application? You must note this is down to the Judge’s discretion, there is no guarantee, which will mean you have to use a county court bailiff, if leave is refused."

Please see Paul's members profile if you would like to request his team's assistance >> http://www.property118.com/member/?id=190

Gary Gibson

14:08 PM, 4th October 2017
About 2 years ago

Reply to the comment left by David Sweeney at 22/08/2013 - 08:54
It's quite clear you need to get tennants on here like me that has a rogue landlord like me who has had the house passed down to him and is trying his best with harresment ect to get us out when we haven't done a thing wrong

Lynn

11:59 AM, 1st May 2018
About 2 years ago

I have found the eviction procedure a nightmare. My tennant lost her job in November3017. I let the property through Frank Innes letting agency but had a good relationship with my tennant. She gave her son as guarantor due to a non payment of £200 Council tax in the past being flagged up (she stated was during a relationship breakup when it was overlooked.) At the time she appeared completely genuine working for 13 yrs as a carer for the same company. After 6 months we extended her tenancy for a year but after a further 6 months she lost her job & stopped paying rent. After 2 months of continually lies & false promises & despite getting payment from her employer & being awarded benefits inc £395 housing benefit she failed to pay anything towards her rent or arrears. We served section 8 & 21 which ended on Feb 12th. She still made no attempt to pay or move out. More excuses & no communication from either her or her guarantor despite many attempts to contact them. Blinds continually closed at property so Rental agency delivered an abandonment notice as they thought she’d left the property. My tennant then got in touch & said she was still living there & the Council had told her to stay put until she was evicted & made homeless by the balliffs. After eventually finding out I could submit a UC 47 form to claim HB payments direct, my agency claimed that they had sent a completed a Gov.Uk official UC 47 form on 23rd Feb .. (twice by secure email & once in the post). They omitted my Tennants NI number off the form as at the time claimed they did not have access to it. They have since found it but will not release the info (despite UC dept requesting it) as they say it’s breeching data protection.
So Uc dept are saying they can’t access my tennants file without it & can’t trace the UC47 forms.
My agency have now filled in more UC 47 forms which the UC dept sent them & say the NI number is not required on the form.
As my tennant is now nearly 6 months in arrears I have now employed a Solicitor & been advised to go down the Accelerated possession route & then bailiffs & locksmiths. I have informed the UC dept that she has been receiving benefit for housing for nearly 3 months but has not paid any rent. UC say nothing they can do as without her NI number they can’t access her file which will be linked with my UC 47 form. This is despite me making them aware that she is claiming benefit fraudulently.
Meanwhile my tennant is sitting pretty, living rent free, guarantor can’t be contacted, & she is pocketing all the allocated £395 on top of her other benefit. & I’m struggling to live on my small £500/month NHS pension.
I feel I have followed the set procedures with relation to eviction & tried to at first be understanding & try to come to some alternative manageble rent arrangement but have just been rewarded by lies. I can’t do anything that may be seen as harrassement & if it now goes smoothly it’s looking like a further few months before I get my property back.
It’s a nightmare!!!

DALE ROBERTS

17:44 PM, 1st May 2018
About 2 years ago

I sympathise Lynn.
I have just evicted a serial "professional" tenant after 8 months of non payment of rental (over GBP16000) and during this process learnt with horror how very protected UK tenants are. In fact the experience has left me so disillusioned as a landlord that once the numerous and deliberate damages to my property have been attended to, at a further personal cost to myself of more than GBP6000, I am going to place the unit on the market. And I refuse to permit another tenant in my property whilst I await a successful sale. And I shall do the same to my other unit once it is vacant. My tolerance at being subject to this type of blatant discrimination has reached saturation level. And this includes the difficulty of ever recouping my losses from this tenant.She is immune to CCJ's and unpaid bills. In fact she takes delight at manipulating the system in her favour and it is so conveniently adapted to her fraud and theft.
Evicting tenants is an administrative nightmare and an experienced tenant will stall the process for months until a Bailiff actually arrives to evict. It's costly and traumatising.
Contact Possession Friend (Chris Daniel) to assist you in evicting this tenant. A set amount is charged for an eviction which is far more affordable than Solicitors.
Contact Sherrelle Collman of Caridon Landlord Solutions to assist you with getting the tenant's housing benefit paid directly to you. She is also a Property 118 member and extremely helpful towards other members.

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